METROLINX ADMINISTRATIVE FEE DISPUTE RESOLUTION PROCESS RULES OF PRACTICE Overview The Metrolinx Act, 2006, gives Metrolinx (“Metrolinx”) the authority to establish a system of administrative fees to ensure compliance with certain of its By-Laws, including those that govern the payment of fees by passengers. In order to ensure that disputes regarding the payment of administrative fees are dealt with in a fair, expeditious and cost-effective manner, Metrolinx has developed an Administrative Fee Dispute Resolution Process and created a series of rules (the “Rules”) to govern that process. 1 Any person who receives a written ticket alleging a contravention of a provision of Metrolinx By-Law No. 7 (a “Notice of Violation”) may request a review of the administrative fee by a Screening Officer (herein referred to as a “Review and Resolution Officer”). A Review and Resolution Officer appointed by Metrolinx 2 conducts reviews of administrative fees in an expeditious and cost effective manner while ensuring procedural fairness and equity. Reviews by a Review and Resolution Officer may be conducted in person, in writing, or electronically. A Review and Resolution Officer’s powers include canceling, affirming, varying or extending the time to pay the administrative fee. A person who receives notice of the Review and Resolution Officer’s decision and is not satisfied with the outcome of that decision may request a review of the Review and Resolution Officer’s decision by a Hearing Officer. A Hearing Officer is an independent and impartial third-party adjudicator appointed by Metrolinx to conduct hearings and adjudicate disputes regarding administrative fees. 3 The Hearing Officer’s powers include amending, varying, cancelling, reducing, or extending the time for payment of the administrative fee. The Statutory Powers and Procedures Act, R.S.O. 1990 applies to a review by a Hearing Officer. 1 These Rules have been created in accordance with the Metrolinx Act, 2006, O. Reg 282/10, Metrolinx By-Law No. 7, and the Statutory Powers Procedure Act, R.S.O. 1990 (the “SPPA”), s. 25.1. 2 The Review and Resolution Officer is appointed by Metrolinx pursuant to O.Reg 282/10 s. 8(1)(3). 3 The Hearing Officer is appointed by Metrolinx pursuant to O.Reg 282/10 s. 8(1)(5).
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METROLINX ADMINISTRATIVE FEE DISPUTE RESOLUTION PROCESS
RULES OF PRACTICE
Overview
The Metrolinx Act, 2006, gives Metrolinx (“Metrolinx”) the authority to establish a
system of administrative fees to ensure compliance with certain of its By-Laws,
including those that govern the payment of fees by passengers. In order to ensure that
disputes regarding the payment of administrative fees are dealt with in a fair,
expeditious and cost-effective manner, Metrolinx has developed an Administrative Fee
Dispute Resolution Process and created a series of rules (the “Rules”) to govern that
process.1
Any person who receives a written ticket alleging a contravention of a provision of
Metrolinx By-Law No. 7 (a “Notice of Violation”) may request a review of the
administrative fee by a Screening Officer (herein referred to as a “Review and
Resolution Officer”).
A Review and Resolution Officer appointed by Metrolinx2 conducts reviews of
administrative fees in an expeditious and cost effective manner while ensuring
procedural fairness and equity. Reviews by a Review and Resolution Officer may be
conducted in person, in writing, or electronically. A Review and Resolution Officer’s
powers include canceling, affirming, varying or extending the time to pay the
administrative fee.
A person who receives notice of the Review and Resolution Officer’s decision and is not
satisfied with the outcome of that decision may request a review of the Review and
Resolution Officer’s decision by a Hearing Officer. A Hearing Officer is an independent
and impartial third-party adjudicator appointed by Metrolinx to conduct hearings and
adjudicate disputes regarding administrative fees.3 The Hearing Officer’s powers
include amending, varying, cancelling, reducing, or extending the time for payment of
the administrative fee. The Statutory Powers and Procedures Act, R.S.O. 1990 applies
to a review by a Hearing Officer.
1 These Rules have been created in accordance with the Metrolinx Act, 2006, O. Reg 282/10, Metrolinx By-Law No.
7, and the Statutory Powers Procedure Act, R.S.O. 1990 (the “SPPA”), s. 25.1. 2 The Review and Resolution Officer is appointed by Metrolinx pursuant to O.Reg 282/10 s. 8(1)(3).
3 The Hearing Officer is appointed by Metrolinx pursuant to O.Reg 282/10 s. 8(1)(5).
Metrolinx’s administrative fee system is subject to Metrolinx’s corporate policies and
procedures, including those relating to conflicts of interest, financial management and
reporting and the filing and processing of complaints by the public.
Interpretation of the Rules
The Rules set out in this document appear in bold type face. The comments provided
in italics are intended to assist the parties in understanding the application of the Rules
to Metrolinx’s Administrative Fee Dispute Resolution Process.
Capitalized terms used in these Rules have the meanings given to them in the
“Definitions” section.
Questions regarding Metrolinx’s Administrative Fee Dispute Resolution Process and the
related Rules may be directed to the Compliance Services Office at 416-869-3600,
REPRESENTATIVES ACTING AS ADVOCATES AND WITNESSES IN
THE SAME PROCEEDING
17.1 Subject to the discretion of the Hearing Officer, the Metrolinx prosecutor or
any person representing an Applicant may act as both an advocate and a
witness in the same Hearing.
Comments:
The Law Society of Upper Canada’s Rules of Professional Conduct provide that a
lawyer or paralegal shall not appear as both an advocate and a witness in the same
proceeding unless the matter is purely formal or uncontested or the rules of practice
allow for a lawyer or paralegal to be both an advocate and a witness.
Given the relatively minor nature of Metrolinx’s administrative fees, Applicants do not
generally hire a lawyer or paralegal to represent them at Hearings. As a result,
Metrolinx’s Rules of Practice allow Metrolinx prosecutors and persons representing
Applicants to serve as both witnesses and advocates in the same proceeding.
RULE 18
ORDERS AND REASONS
18.1 The decision of the Hearing Officer is final and not subject to appeal within
Metrolinx’s administrative fee system. Metrolinx shall send a written copy
of the Hearing Officer’s Decision to the Applicant by ordinary mail to the
last known address on file.17
17
SPPA, s. 17; O. Reg. 282/10, s. 8(5); Metrolinx By-Law No. 7, s. 2.16. Note that an Applicant may request that a court review the decision of a Hearing Officer by making an application for judicial review under the Judicial Review Procedures Act.
RULE 19
REPRESENTATIVES
19.1 An Applicant who wishes to have another person to speak on their behalf
or perform any other action on their behalf relating to a Hearing must
contact the Compliance Services Office at least 24 hours prior to their
scheduled Hearing.
Comments:
Applicants are free to have another person (i.e. a friend, a family member or a legal
representative) attend the Hearing or communicate with Metrolinx on their behalf
provided they give prior notice to the Compliance Services Office as set out above.
19.2 The Hearing Officer may exclude from a Hearing anyone, other than a
person who is licensed under the Law Society Act, from appearing as a
representative if the Hearing Officer finds that the person is not competent
properly to represent or advise the person for whom he or she appears, or
does not understand and comply with the duties and responsibilities of a